Eleanor Roosevelt and the Universal Declaration of Human Rights (1948)—Article 19 states that, "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."Orator at Speakers' Corner in London, 1974
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like free speech, freedom of speech, and freedom of expression are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used.
Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or public order (ordre public), or of public health or morals".[2]
The idea of the "offense principle" is also used to justify speech limitations, describing the restriction on forms of expression deemed offensive to society, considering factors such as extent, duration, motives of the speaker, and ease with which it could be avoided.[3] With the evolution of the digital age, application of freedom of speech becomes more controversial as new means of communication and restrictions arise, for example, the Golden Shield Project, an initiative by Chinese government's Ministry of Public Security that filters potentially unfavourable data from foreign countries. Facebook routinely and automatically eliminates what it perceives as hate speech, even if such words are used ironically or poetically with no intent to insult others.
The Human Rights Measurement Initiative[4] measures the right to opinion and expression for countries around the world, using a survey of in-country human rights experts.[5]
Freedom of speech was vindicated by Erasmus and Milton.[6]Edward Coke claimed freedom of speech as "an ancient custom of Parliament" in the 1590s, and it was affirmed in the Protestation of 1621.[8] Restating what is written in the English Declaration of Right, 1689, England's Bill of Rights 1689 legally established the constitutional right of freedom of speech in Parliament, which is still in effect.[9][10] This so-called parliamentary privilege includes no possible defamation claims meaning Parliamentarians are free to speak up in the House without fear of legal action.[11] This protection extends to written proceedings: for example, written and oral questions, motions and amendments tabled to bills and motions.[11]
No evidence should be needed that a certain freedom of writing and printing is one of the strongest bulwarks of a free organization of the state, as, without it, the estates would not have sufficient information for the drafting of good laws, and those dispensing justice would not be monitored, nor would the subjects know the requirements of the law, the limits of the rights of government, and their responsibilities. Education and ethical conduct would be crushed; coarseness in thought, speech, and manners would prevail, and dimness would darken the entire sky of our freedom in a few years.
Under the leadership of Anders Chydenius, the Caps at the Swedish Riksdag in Gävle on December 2, 1766, passed the adoption of a freedom of the press regulation that stopped censorship and introduced the principle of public access to official records in Sweden. Excluded were defamation of the king's majesty and the Swedish Church.
The free communication of ideas and opinions is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law.[18]
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.[19]
International, regional and national standards also recognise that freedom of speech, as the freedom of expression, includes any medium, whether orally, in writing, in print, through the internet or art forms. This means that the protection of freedom of speech as a right includes the content and the means of expression.[20]
Relationship to other rights
The right to freedom of speech and expression is closely related to other rights. It may be limited when conflicting with other rights (see limitations on freedom of speech).[20] The right to freedom of expression is also related to the right to a fair trial and court proceeding which may limit access to the search for information, or determine the opportunity and means in which freedom of expression is manifested within court proceedings.[21] As a general principle freedom of expression may not limit the right to privacy, as well as the honor and reputation of others. However, greater latitude is given when criticism of public figures is involved.[21]
The right to freedom of expression is particularly important for media, which play a special role as the bearer of the general right to freedom of expression for all.[20] However, freedom of the press does not necessarily enable freedom of speech. Judith Lichtenberg has outlined conditions in which freedom of the press may constrain freedom of speech. For example, if all the people who control the various mediums of publication suppress information or stifle the diversity of voices inherent in freedom of speech. This limitation was famously summarised as "Freedom of the press is guaranteed only to those who own one".[22] Lichtenberg argues that freedom of the press is simply a form of property right summed up by the principle "no money, no voice".[23]
As a negative right
Freedom of speech is usually seen as a negative right.[24] This means that the government is legally obliged to take no action against the speaker based on the speaker's views, but that no one is obliged to help any speakers publish their views, and no one is required to listen to, agree with, or acknowledge the speaker or the speaker's views. These concepts correspond to earlier traditions of natural law and common law rights.[25]
Freedom of speech is understood to be fundamental in a democracy. The norms on limiting freedom of expression mean that public debate may not be completely suppressed even in times of emergency.[21] One of the most notable proponents of the link between freedom of speech and democracy is Alexander Meiklejohn. He has argued that the concept of democracy is that of self-government by the people. For such a system to work, an informed electorate is necessary. In order to be appropriately knowledgeable, there must be no constraints on the free flow of information and ideas. According to Meiklejohn, democracy will not be true to its essential ideal if those in power can manipulate the electorate by withholding information and stifling criticism. Meiklejohn acknowledges that the desire to manipulate opinion can stem from the motive of seeking to benefit society. However, he argues, choosing manipulation negates, in its means, the democratic ideal.[26]
Eric Barendt has called this defence of free speech on the grounds of democracy "probably the most attractive and certainly the most fashionable free speech theory in modern Western democracies".[27]Thomas I. Emerson expanded on this defence when he argued that freedom of speech helps to provide a balance between stability and change. Freedom of speech acts as a "safety valve" to let off steam when people might otherwise be bent on revolution. He argues that "The principle of open discussion is a method of achieving a more adaptable and at the same time more stable community, of maintaining the precarious balance between healthy cleavage and necessary consensus". Emerson furthermore maintains that "Opposition serves a vital social function in offsetting or ameliorating (the) normal process of bureaucratic decay".[28]
Research undertaken by the Worldwide Governance Indicators project at the World Bank, indicates that freedom of speech, and the process of accountability that follows it, have a significant impact on the quality of governance of a country. "Voice and Accountability" within a country, defined as "the extent to which a country's citizens are able to participate in selecting their government, as well as freedom of expression, freedom of association, and free media" is one of the six dimensions of governance that the Worldwide Governance Indicators measure for more than 200 countries.[29] Against this backdrop it is important that development agencies create grounds for effective support for a free press in developing countries.[30]
Richard Moon has developed the argument that the value of freedom of speech and freedom of expression lies with social interactions. Moon writes that "by communicating an individual forms relationships and associations with others – family, friends, co-workers, church congregation, and countrymen. By entering into discussion with others an individual participates in the development of knowledge and in the direction of the community".[31]
Freedom of speech is not regarded as absolute by some, with most legal systems generally setting limits on the freedom of speech, particularly when freedom of speech conflicts with other rights and protections, such as in the cases of libel, slander, pornography, obscenity, fighting words, and intellectual property.
Some limitations to freedom of speech may occur through legal sanction, and others may occur through social disapprobation.[33] In Saudi Arabia, journalists are forbidden to write with disrespect or disapproval of the royal family, religion, or the government. Journalists are also not given any legal protection for their writing in Saudi Arabia. Journalist Jamal Khashoggi was a critic of the Saudi Arabian government. He was killed in 2018 by Saudi Arabian officials for his writing.
Content viewed as harmful and offensive
Some views are illegal to express because they are perceived by some to be harmful to others. This category often includes speech that is both false and potentially dangerous, such as falsely shouting "Fire!" in a theatre and causing a panic. Justifications for limitations to freedom of speech often reference the "harm principle" or the "offence principle".
In On Liberty (1859), John Stuart Mill argued that "...there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it may be considered".[33] Mill argues that the fullest liberty of expression is required to push arguments to their logical limits, rather than the limits of social embarrassment.[34][35][36][37]
In 1985, Joel Feinberg introduced what is known as the "offence principle". Feinberg wrote, "It is always a good reason in support of a proposed criminal prohibition that it would probably be an effective way of preventing serious offence (as opposed to injury or harm) to persons other than the actor, and that it is probably a necessary means to that end".[38] Hence Feinberg argues that the harm principle sets the bar too high and that some forms of expression can be legitimately prohibited by law because they are very offensive. Nevertheless, as offending someone is less serious than harming someone, the penalties imposed should be higher for causing harm.[38] In contrast, Mill does not support legal penalties unless they are based on the harm principle.[33] Because the degree to which people may take offence varies, or may be the result of unjustified prejudice, Feinberg suggests that several factors need to be taken into account when applying the offence principle, including: the extent, duration and social value of the speech, the ease with which it can be avoided, the motives of the speaker, the number of people offended, the intensity of the offence, and the general interest of the community at large.[33]
Jasper Doomen argued that harm should be defined from the point of view of the individual citizen, not limiting harm to physical harm since nonphysical harm may also be involved; Feinberg's distinction between harm and offence is criticized as largely trivial.[39]
In 1999, Bernard Harcourt wrote of the collapse of the harm principle: "Today the debate is characterized by a cacophony of competing harm arguments without any way to resolve them. There is no longer an argument within the structure of the debate to resolve the competing claims of harm. The original harm principle was never equipped to determine the relative importance of harms".[40]
Interpretations of both the harm and offense limitations to freedom of speech are culturally and politically relative. For instance, in Russia, the harm and offense principles have been used to justify the Russian LGBT propaganda law restricting speech (and action) concerning LGBT issues. Many European countries outlaw speech that might be interpreted as Holocaust denial. These include Austria, Belgium, Canada, the Czech Republic, France, Germany, Hungary, Israel, Liechtenstein, Lithuania, Luxembourg, the Netherlands, Poland, Portugal, Russia, Slovakia, Switzerland and Romania.[41]Armenian genocide denial is also illegal in some countries.
Restriction of apostasy by country (2020)
Apostasy has been instrumentalized to restrict freedom of speech in some countries.[43] In some countries, blasphemy is a crime. For example, in Austria, defaming Muhammad, the prophet of Islam, is not protected as free speech.[44][45][46] In contrast, in France, blasphemy and disparagement of Muhammad are protected under free speech law.
Certain public institutions may also enact policies restricting the freedom of speech, for example, speech codes at state-operated schools.
In the U.S., the standing landmark opinion on political speech is Brandenburg v. Ohio (1969),[47] expressly overruling Whitney v. California.[48] In Brandenburg, the U.S. Supreme Court referred to the right even to speak openly of violent action and revolution in broad terms:
[Our] decisions have fashioned the principle that the constitutional guarantees of free speech and free press do not allow a State to forbid or proscribe advocacy of the use of force or law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or cause such action.[49]
The opinion in Brandenburg discarded the previous test of "clear and present danger" and made the right to freedom of (political) speech protections in the United States almost absolute.[50][51] Hate speech is also protected by the First Amendment in the United States, as decided in R.A.V. v. City of St. Paul, (1992) in which the Supreme Court ruled that hate speech is permissible, except in the case of imminent violence.[52] See the First Amendment to the United States Constitution for more detailed information on this decision and its historical background.
Limitations based on time, place, and manner apply to all speech, regardless of the view expressed.[53] They are generally restrictions that are intended to balance other rights or a legitimate government interest. For example, a time, place, and manner restriction might prohibit a noisy political demonstration at a politician's home during the middle of the night, as that impinges upon the rights of the politician's neighbors to quiet enjoyment of their own homes. An otherwise identical activity might be permitted if it happened at a different time (e.g., during the day), at a different place (e.g., at a government building or in another public forum), or in a different manner (e.g., a silent protest). Funeral Protests are a complex issue in the United States. It is a right to Americans to be able to hold a peaceful protest against various policies they deem unreasonable. It is a question of whether or not it is appropriate through the time, place and manner outlook to protest funeral proceedings. Because of recent flare ups of this occurring, legislation has been put to action to limit this. Now, funeral protests are governed and prohibited by law on a state-to-state basis inside the United States.
Jo Glanville, editor of the Index on Censorship, states that "the Internet has been a revolution for censorship as much as for free speech".[55] International, national and regional standards recognise that freedom of speech, as one form of freedom of expression, applies to any medium, including the Internet.[20] The Communications Decency Act (CDA) of 1996 was the first major attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of Reno v. ACLU, the US Supreme Court partially overturned the law.[56] Judge Stewart R. Dalzell, one of the three federal judges who in June 1996 declared parts of the CDA unconstitutional, in his opinion stated the following:[57]
The Internet is a far more speech-enhancing medium than print, the village green, or the mails. Because it would necessarily affect the Internet itself, the CDA would necessarily reduce the speech available for adults on the medium. This is a constitutionally intolerable result. Some of the dialogue on the Internet surely tests the limits of conventional discourse. Speech on the Internet can be unfiltered, unpolished, and unconventional, even emotionally charged, sexually explicit, and vulgar – in a word, "indecent" in many communities. But we should expect such speech to occur in a medium in which citizens from all walks of life have a voice. We should also protect the autonomy that such a medium confers to ordinary people as well as media magnates.[...] My analysis does not deprive the Government of all means of protecting children from the dangers of Internet communication. The Government can continue to protect children from pornography on the Internet through vigorous enforcement of existing laws criminalising obscenity and child pornography. [...] As we learned at the hearing, there is also a compelling need for public educations about the benefits and dangers of this new medium, and the Government can fill that role as well. In my view, our action today should only mean that Government's permissible supervision of Internet contents stops at the traditional line of unprotected speech. [...] The absence of governmental regulation of Internet content has unquestionably produced a kind of chaos, but as one of the plaintiff's experts put it with such resonance at the hearing: "What achieved success was the very chaos that the Internet is. The strength of the Internet is chaos." Just as the strength of the Internet is chaos, so that strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects.[57]
We reaffirm, as an essential foundation of the Information society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication is a fundamental social process, a basic human need and the foundation of all social organisation. It is central to the Information Society. Everyone, everywhere should have the opportunity to participate and no one should be excluded from the benefits of the Information Society offers.[58]
According to Bernt Hugenholtz and Lucie Guibault, the public domain is under pressure from the "commodification of information" as information with previously little or no economic value has acquired independent economic value in the information age. This includes factual data, personal data, genetic information and pure ideas. The commodification of information is taking place through intellectual property law, contract law, as well as broadcasting and telecommunications law.[59]
Freedom of information is an extension of freedom of speech where the medium of expression is the Internet. Freedom of information may also refer to the right to privacy in the context of the Internet and information technology. As with the right to freedom of expression, the right to privacy is a recognised human right and freedom of information acts as an extension to this right.[60] Freedom of information may also concern censorship in an information technology context, i.e., the ability to access Web content, without censorship or restrictions.[61]
Freedom of information is also explicitly protected by acts such as the Freedom of Information and Protection of Privacy Act of Ontario, in Canada. The Access to Information Act gives Canadian citizens, permanent residents, and any person or corporation present in Canada a right to access records of government institutions that are subject to the Act.[62]
The concept of freedom of information has emerged in response to state sponsored censorship, monitoring and surveillance of the internet. Internet censorship includes the control or suppression of the publishing or accessing of information on the Internet.[63] The Global Internet Freedom Consortium claims to remove blocks to the "free flow of information" for what they term "closed societies".[64] According to the Reporters without Borders (RWB) "internet enemy list" the following states engage in pervasive internet censorship: Mainland China, Cuba, Iran, Myanmar/Burma, North Korea, Saudi Arabia, Syria, Turkmenistan, Uzbekistan, and Vietnam.[65]
A widely publicized example of internet censorship is the "Great Firewall of China" (in reference both to its role as a network firewall and the ancient Great Wall of China). The system blocks content by preventing IP addresses from being routed through and consists of standard firewall and proxy servers at the internetgateways. The system also selectively engages in DNS poisoning when particular sites are requested. The government does not appear to be systematically examining Internet content, as this appears to be technically impractical.[66]Internet censorship in the People's Republic of China is conducted under a wide variety of laws and administrative regulations, including more than sixty regulations directed at the Internet. Censorship systems are vigorously implemented by provincial branches of state-owned ISPs, business companies, and organizations.[67][68]
Saudi Arabia's government had been intensifying the scrutiny of social media accounts, under which they were detaining several activists, critics and even normal social media users over few critical tweets. A law professor, Awad Al-Qarni became a victim of Saudi's internet censorship and was facing death sentence. Saudi-controlled media portrayed him as a dangerous preacher due to his Twitter and WhatsApp posts, but dissidents considered him as an important intellectual who maintained strong social media influence.[69]
Some legal scholars (such as Tim Wu of Columbia University) have argued that the traditional issues of free speech—that "the main threat to free speech" is the censorship of "suppressive states", and that "ill-informed or malevolent speech" can and should be overcome by "more and better speech" rather than censorship—assumes scarcity of information. This scarcity prevailed during the 20th century, but with the arrival of the internet, information became plentiful, "but the attention of listeners" scarce. Furthermore, in the words of Wu, this "cheap speech" made possible by the internet " ... may be used to attack, harass, and silence as much as it is used to illuminate or debate".[70][71] The Electronic Frontier Foundation (EFF) has argued that "censorship cannot be the only answer to disinformation online" and that tech companies "have a history of overcorrecting and censoring accurate, useful speech—or, even worse, reinforcing misinformation with their policies."[72]
According to Wu, in the 21st century, the danger is not "suppressive states" that target "speakers directly", but that:
...targets listeners or it undermines speakers indirectly. More precisely, emerging techniques of speech control depend on (1) a range of new punishments, like unleashing "troll armies" to abuse the press and other critics, and (2) "flooding" tactics (sometimes called "reverse censorship") that distort or drown out disfavored speech through the creation and dissemination of fake news, the payment of fake commentators, and the deployment of propaganda robots.[73] As journalist Peter Pomerantsev writes, these techniques employ "information ... in weaponized terms, as a tool to confuse, blackmail, demoralize, subvert and paralyze."[74][70]
Before the invention of the printing press, a written work, once created, could only be physically multiplied by highly laborious and error-prone manual copying. No elaborate system of censorship and control over scribes existed, who until the 14th century were restricted to religious institutions, and their works rarely caused wider controversy. In response to the printing press, and the theological heresies it allowed to spread, the Roman Catholic Church moved to impose censorship.[75] Printing allowed for multiple exact copies of a work, leading to a more rapid and widespread circulation of ideas and information (see print culture).[76] The origins of copyright law in most European countries lie in efforts by the Roman Catholic Church and governments to regulate and control the output of printers.[76]
In Panegyricae orationes septem (1596), Henric van Cuyck, a Dutch Bishop, defended the need for censorship and argued that Johannes Gutenberg's printing press had resulted in a world infected by "pernicious lies"—so van Cuyck singled out the Talmud and the Qur'an, and the writings of Martin Luther, Jean Calvin and Erasmus of Rotterdam.
In 1501, Pope Alexander VI issued a Bill against the unlicensed printing of books. In 1559, Pope Paul IV promulgated the Index Expurgatorius, or List of Prohibited Books.[75] The Index Expurgatorius is the most famous and long-lasting example of "bad books" catalogues issued by the Roman Catholic Church, which presumed to be in authority over private thoughts and opinions, and suppressed views that went against its doctrines. The Index Expurgatorius was administered by the Roman Inquisition, but enforced by local government authorities, and went through 300 editions. Amongst others, it banned or censored books written by René Descartes, Giordano Bruno, Galileo Galilei, David Hume, John Locke, Daniel Defoe, Jean-Jacques Rousseau and Voltaire.[78] While governments and church encouraged printing in many ways because it allowed for the dissemination of Bibles and government information, works of dissent and criticism could also circulate rapidly. Consequently, governments established controls over printers across Europe, requiring them to have official licenses to trade and produce books.[76]
The notion that the expression of dissent or subversive views should be tolerated, not censured or punished by law, developed alongside the rise of printing and the press. Areopagitica, published in 1644, was John Milton's response to the Parliament of England's re-introduction of government licensing of printers, hence publishers.[79] Church authorities had previously ensured that Milton's essay on the right to divorce was refused a license for publication. In Areopagitica, published without a license,[80] Milton made an impassioned plea for freedom of expression and toleration of falsehood,[79] stating:
Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.[79]
Milton's defense of freedom of expression was grounded in a Protestant worldview. He thought that the English people had the mission to work out the truth of the Reformation, which would lead to the enlightenment of all people. Nevertheless, Milton also articulated the main strands of future discussions about freedom of expression. By defining the scope of freedom of expression and "harmful" speech, Milton argued against the principle of pre-censorship and in favor of tolerance for a wide range of views.[79]Freedom of the press ceased being regulated in England in 1695 when the Licensing Order of 1643 was allowed to expire after the introduction of the Bill of Rights 1689 shortly after the Glorious Revolution.[83][84] The emergence of publications like the Tatler (1709) and the Spectator (1711) are credited for creating a 'bourgeois public sphere' in England that allowed for a free exchange of ideas and information.
More governments attempted to centralize control as the "menace" of printing spread.[85] The French crown repressed printing and the printer Etienne Dolet was burned at the stake in 1546. In 1557 the British Crown thought to stem the flow of seditious and heretical books by chartering the Stationers' Company. The right to print was limited to the members of that guild. Thirty years later, the Star Chamber was chartered to curtail the "greate enormities and abuses" of "dyvers contentyous and disorderlye persons professinge the arte or mystere of pryntinge or selling of books". The right to print was restricted to two universities and the 21 existing printers in the city of London, which had 53 printing presses. As the British crown took control of type founding in 1637, printers fled to the Netherlands. Confrontation with authority made printers radical and rebellious, with 800 authors, printers, and book dealers being incarcerated in the Bastille in Paris before it was stormed in 1789.[85]
A succession of English thinkers was at the forefront of early discussion on a right to freedom of expression, among them John Milton (1608–74) and John Locke (1632–1704). Locke established the individual as the unit of value and the bearer of rights to life, liberty, property and the pursuit of happiness. However, Locke's ideas evolved primarily around the concept of the right to seek salvation for one's soul. He was thus primarily concerned with theological matters. Locke neither supported a universal toleration of peoples nor freedom of speech; according to his ideas, some groups, such as atheists, should not be allowed.[86]
George Orwell statue at the headquarters of the BBC. A defence of free speech in an open society, the wall behind the statue is inscribed with the words "If liberty means anything at all, it means the right to tell people what they do not want to hear", words from George Orwell's proposed preface to Animal Farm (1945).
By the second half of the 17th century philosophers on the European continent like Baruch Spinoza and Pierre Bayle developed ideas encompassing a more universal aspect freedom of speech and toleration than the early English philosophers.[86] By the 18th century the idea of freedom of speech was being discussed by thinkers all over the Western world, especially by French philosophes like Denis Diderot, Baron d'Holbach and Claude Adrien Helvétius.[88] The idea began to be incorporated in political theory both in theory as well as practice; the first state edict in history proclaiming complete freedom of speech was the one issued 4 December 1770 in Denmark-Norway during the regency of Johann Friedrich Struensee.[89] However Struensee himself imposed some minor limitations to this edict on 7 October 1771, and it was even further limited after the fall of Struensee with legislation introduced in 1773, although censorship was not reintroduced.[90]
John Stuart Mill (1806–1873) argued that without human freedom, there could be no progress in science, law, or politics, which according to Mill, required free discussion of opinion. Mill's On Liberty, published in 1859, became a classic defence of the right to freedom of expression.[79] Mill argued that truth drives out falsity, therefore the free expression of ideas, true or false, should not be feared. Truth is not stable or fixed but evolves with time. Mill argued that much of what we once considered true has turned out false. Therefore, views should not be prohibited for their apparent falsity. Mill also argued that free discussion is necessary to prevent the "deep slumber of a decided opinion". Discussion would drive the march of truth, and by considering false views, the basis of true views could be re-affirmed.[91] Furthermore, Mill argued that an opinion only carries intrinsic value to the owner of that opinion, thus silencing the expression of that opinion is an injustice to a basic human right. It is generally held that for Mill, the only instance in which speech can be justifiably suppressed is to prevent harm from a clear and direct threat.[92] Neither economic or moral implications nor the speaker's own well-being would justify suppression of speech.[93] However Mill in On Liberty suggests the speech of pimps — instigating clients and sex workers to have sex — should be restricted. This suggests he may be willing to restrict some speech that, while not harming others, undermines their decisional autonomy.[94]
In her 1906 biography of Voltaire, Evelyn Beatrice Hall coined the following sentence to illustrate Voltaire's beliefs: "I disapprove of what you say, but I will defend to the death your right to say it".[95] Hall's quote is frequently cited to describe the principle of freedom of speech.[95]Noam Chomsky stated, "If you believe in freedom of speech, you believe in freedom of speech for views you don't like. Dictators such as Stalin and Hitler, were in favor of freedom of speech for views they liked only. If you're in favor of freedom of speech, that means you're in favor of freedom of speech precisely for views you despise".[96]Lee Bollinger argues that "the free speech principle involves a special act of carving out one area of social interaction for extraordinary self-restraint, the purpose of which is to develop and demonstrate a social capacity to control feelings evoked by a host of social encounters". Bollinger argues that tolerance is a desirable value, if not essential. However, critics argue that society should be concerned by those who directly deny or advocate, for example, genocide (see limitations above).[97]
As chairman of the London-based PEN International, a club which defends freedom of expression and a free press, English author H. G. Wells met with Stalin in 1934 and was hopeful of reform in the Soviet Union. However, during their meeting in Moscow, Wells said, "the free expression of opinion—even of opposition opinion, I do not know if you are prepared yet for that much freedom here".[98]
The 1928 novel Lady Chatterley's Lover by D. H. Lawrence was banned for obscenity in several countries, including the United Kingdom, the United States, Australia, Canada, and India. In the late 1950s and early 1960s, it was the subject of landmark court rulings that saw the ban for obscenity overturned. Dominic Sandbrook of The Telegraph in the UK wrote, "Now that public obscenity has become commonplace, it is hard to recapture the atmosphere of a society that saw fit to ban books such as Lady Chatterley's Lover because it was likely to 'deprave and corrupt' its readers".[99]Fred Kaplan of The New York Times stated the overturning of the obscenity laws "set off an explosion of free speech" in the U.S.[100] The 1960s also saw the Free Speech Movement, a massive long-lasting student protest on the campus of the University of California, Berkeley, during the 1964–65 academic year.[101]
In contrast to Anglophone nations, France was a haven for literary freedom.[102] The innate French regard for the mind meant that France was disinclined to punish literary figures for their writing, and prosecutions were rare.[102] While it was prohibited everywhere else, James Joyce's Ulysses was published in Paris in 1922. Henry Miller's 1934 novel Tropic of Cancer (banned in the U.S. until 1963) and Lawrence's Lady Chatterley's Lover were published in France decades before they were available in the respective authors' home countries.[102]
In 1964 comedian Lenny Bruce was arrested in the U.S. due to complaints again about his use of various obscenities. A three-judge panel presided over his widely publicized six-month trial. He was found guilty of obscenity in November 1964. He was sentenced on 21 December 1964, to four months in a workhouse.[103] He was set free on bail during the appeals process and died before the appeal was decided. On 23 December 2003, thirty-seven years after Bruce's death, New York GovernorGeorge Pataki granted him a posthumous pardon for his obscenity conviction.[104]
In the United States, the right to freedom of expression has been interpreted to include the right to take and publish photographs of strangers in public areas without their permission or knowledge.[105][106] This is not the case worldwide.
A map of countries which have lèse-majesté laws as of January 2023
In some countries, people are not allowed to talk about certain things such as Lèse-majesté which is an offence against the dignity of a reigning sovereign or against a state. Doing so constitutes an offence. For example, Saudi Arabia is responsible for executing journalist Jamal Khashoggi in 2018. As he entered the Saudi embassy in Turkey, a team of Saudi assassins killed him.[107] Another Saudi writer, Raif Badawi, was arrested in 2012 and lashed.[108]
On 4 March 2022, Russian President Vladimir Putin signed into law a bill introducing prison sentences of up to 15 years for spreading "fake news" about Russia's military operation in Ukraine.[109] As of December 2022, more than 4,000 Russians were prosecuted under "fake news" laws.[110] The 1993 Russian Constitution expressly prohibits censorship in Article 29 of Chapter 2, Rights and Liberties of Man and Citizen.[111][112]
Hate speech is a term with varied meaning and has no single, consistent definition. It is defined by the Cambridge Dictionary as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". The Encyclopedia of the American Constitution states that hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, color, national origin, sex, disability, religion, or sexual orientation". There is no single definition of what constitutes "hate" or "disparagement". Legal definitions of hate speech vary from country to country.
John Stuart Mill was an English philosopher, political economist, politician and civil servant. One of the most influential thinkers in the history of liberalism, he contributed widely to social theory, political theory, and political economy. Dubbed "the most influential English-speaking philosopher of the nineteenth century" by the Stanford Encyclopedia of Philosophy, he conceived of liberty as justifying the freedom of the individual in opposition to unlimited state and social control. Mill advocated political and social reforms such as proportional representation, emancipation of women, and the development of labor organizations and farm cooperatives. The Columbia Encyclopedia 5th ed. says of him “at times Mill came close to socialism, a theory repugnant to his predecessors.“ Mill was a proponent of utilitarianism, an ethical theory developed by his predecessor Jeremy Bentham. He contributed to the investigation of scientific methodology, though his knowledge of the topic was based on the writings of others, notably William Whewell, John Herschel, and Auguste Comte, and research carried out for Mill by Alexander Bain. He engaged in written debate with Whewell.
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching state; its preservation may be sought through a constitution or other legal protection and security. It is in opposition to paid press, where communities, police organizations, and governments are paid for their copyrights.
Freedom of thought is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints.
The harm principle holds that the actions of individuals should be limited only to prevent harm to other individuals. John Stuart Mill articulated the principle in the 1859 essay On Liberty, where he argued that "The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others." An equivalent was earlier stated in France's Declaration of the Rights of Man and of the Citizen of 1789 as, "Liberty consists in the freedom to do everything which injures no one else; hence the exercise of the natural rights of each man has no limits except those which assure to the other members of the society the enjoyment of the same rights. These limits can only be determined by law." It finds earlier expression in Thomas Jefferson's 1785 "Notes on the State of Virginia," Query 17 (Religion) in which he writes, "The legitimate powers of government extend to such acts only as are injurious to others."
In the United States, freedom of speech and expression is strongly protected from government restrictions by the First Amendment to the U.S. Constitution, many state constitutions, and state and federal laws. Freedom of speech, also called free speech, means the free and public expression of opinions without censorship, interference and restraint by the government The term "freedom of speech" embedded in the First Amendment encompasses the decision what to say as well as what not to say. The Supreme Court of the United States has recognized several categories of speech that are given lesser or no protection by the First Amendment and has recognized that governments may enact reasonable time, place, or manner restrictions on speech. The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. The right of free speech can, however, be lawfully restricted by time, place and manner in limited circumstances. Some laws may restrict the ability of private businesses and individuals from restricting the speech of others, such as employment laws that restrict employers' ability to prevent employees from disclosing their salary to coworkers or attempting to organize a labor union.
Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship that establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place.
Freedom of information is freedom of a person or people to publish and have access to information. Access to information is the ability for an individual to seek, receive and impart information effectively. As articulated by UNESCO, it encompasses
"scientific, indigenous, and traditional knowledge; freedom of information, building of open knowledge resources, including open Internet and open standards, and open access and availability of data; preservation of digital heritage; respect for cultural and linguistic diversity, such as fostering access to local content in accessible languages; quality education for all, including lifelong and e-learning; diffusion of new media and information literacy and skills, and social inclusion online, including addressing inequalities based on skills, education, gender, age, race, ethnicity, and accessibility by those with disabilities; and the development of connectivity and affordable ICTs, including mobile, the Internet, and broadband infrastructures".
Stanley v. Georgia, 394 U.S. 557 (1969), was a landmark decision of the Supreme Court of the United States that helped to establish an implied "right to privacy" in U.S. law in the form of mere possession of obscene materials.
Digital rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. The laws of several countries recognize a right to Internet access.
R v Butler, [1992] 1 S.C.R. 452 is a leading Supreme Court of Canada decision on pornography and state censorship. In this case, the Court had to balance the right to freedom of expression under section 2 of the Canadian Charter of Rights and Freedoms with women's rights. The outcome has been described as a victory for anti-pornography feminism and the Women's Legal Education and Action Fund, but a loss for alternative sexualities.
Article 10 of the European Convention on Human Rights provides the right to freedom of expression and information. A fundamental aspect of this right is the freedom to hold opinions and receive and impart information and ideas, even if the receiver of such information does not share the same opinions or views as the provider.
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
Speech crimes are certain kinds of speech that are criminalized by promulgated laws or rules. Criminal speech is a direct preemptive restriction on freedom of speech, and the broader concept of freedom of expression.
The right to Internet access, also known as the right to broadband or freedom to connect, is the view that all people must be able to access the Internet in order to exercise and enjoy their rights to freedom of expression and opinion and other fundamental human rights, that states have a responsibility to ensure that Internet access is broadly available, and that states may not unreasonably restrict an individual's access to the Internet.
Intellectual freedom encompasses the freedom to hold, receive and disseminate ideas without restriction. Viewed as an integral component of a democratic society, intellectual freedom protects an individual's right to access, explore, consider, and express ideas and information as the basis for a self-governing, well-informed citizenry. Intellectual freedom comprises the bedrock for freedoms of expression, speech, and the press and relates to freedoms of information and the right to privacy.
Freedom of expression in Canada is protected as a "fundamental freedom" by section 2 of the Canadian Charter of Rights and Freedoms; however, in practice the Charter permits the government to enforce "reasonable" limits censoring speech. Hate speech, obscenity, and defamation are common categories of restricted speech in Canada.
Sex, Sin, and Blasphemy: A Guide to America's Censorship Wars is a non-fiction book by lawyer and civil libertarian Marjorie Heins that is about freedom of speech and the censorship of works of art in the early 1990s by the U.S. government. The book was published in 1993 by The New Press. Heins provides an overview of the history of censorship, including the 1873 Comstock laws, and then moves on to more topical case studies of attempts at suppression of free expression.
The Network Enforcement Act, also known colloquially as the Facebook Act, is a German law that was passed in the Bundestag in 2017 that officially aims to combat fake news, hate speech and misinformation online.
Human rights in Sweden are largely protected in the country's constitution and ratified international law. The three Constitutional acts concerning human rights are Chapter 2 of the Instrument of Government, Regeringsformen, the Freedom of the Press Act, Tryckfrihetsförordningen (1949) and Fundamental Law on Freedom of Expression, Yttrandefrihetsgrundlagen (1991). Additionally, the European Convention on Human Rights has been incorporated into Swedish domestic law since 1995.
↑ "Article 19". International Covenant on Civil and Political Rights. Office of the United Nations High Commissioner for Human Rights; adopted and opened for signature, ratification and accession by UN General Assembly resolution 2200A (XXI) of 16 December 1966, entry into force 23 March 1976. Archived from the original on 5 July 2008. Retrieved 13 March 2014.
1 2 van Mill, David (1 January 2016). "Freedom of Speech". In Zalta, Edward N. (ed.). The Stanford Encyclopedia of Philosophy (Fall 2016ed.). Archived from the original on 18 March 2019. Retrieved 12 October 2016.
↑ Tourkochoriti, Ioanna (2021). Freedom of Expression: The Revolutionary Roots of American and French Legal Thought. Cambridge University Press. p.225.
1 2 3 4 "Freedom of Speech". Stanford Encyclopedia of Philosophy. 17 April 2008. Archived from the original on 23 March 2019. Retrieved 29 May 2011.
↑ Mill, John Stuart (1859). "Introductory". On Liberty (4thed.). London: Longman, Roberts & Green (published 1869). para. 5. Archived from the original on 14 November 2019. Retrieved 8 September 2016. Society can and does execute its own mandates ... it practises a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself. Protection, therefore, against the tyranny of the magistrate is not enough...
↑ Mill, John Stuart (1859). "Of the Liberty of Thought and Discussion". On Liberty (4thed.). London: Longman, Roberts & Green (published 1869). para. 19. Archived from the original on 14 November 2019. Retrieved 8 September 2016. In respect to all persons but those whose pecuniary circumstances make them independent of the good will of other people, opinion, on this subject, is as efficacious as law; men might as well be imprisoned, as excluded from the means of earning their bread.
↑ Wragg, Paul (2015). "Free Speech Rights at Work: Resolving the Differences between Practice and Liberal Principle". Industrial Law Journal. 44 (1). Oxford University Press: 11. doi:10.1093/indlaw/dwu031. Comparison may be made between Mill's 'tyrannical majority' and the employer who dismisses an employee for expression that it dislikes on moral grounds. The protection of employer action in these circumstances evokes Mill's concern about state tolerance of coercive means to ensure conformity with orthodox moral viewpoints and so nullify unorthodox ones.
↑ Bojan Pancevski (26 October 2018). "Europe Court Upholds Ruling Against Woman Who Insulted Islam". The Wall Street Journal. Archived from the original on 26 October 2018. Retrieved 27 October 2018. Europe's highest human rights court ruled on Friday that disparagement of religious doctrines such as insulting the Prophet Muhammad isn't protected by freedom of expression and can be prosecuted.
↑ Clarke, Ian; Miller, Scott G.; Hong, Theodore W.; Sandberg, Oskar; Wiley, Brandon (2002). "Protecting Free Expression Online with Freenet"(PDF). Internet Computing. IEEE. pp.40–49. Archived(PDF) from the original on 11 October 2017. Retrieved 15 October 2008.
1 2 Wu, Tim (1 September 2017). "Is the First Amendment Obsolete?". Knight First Amendment Institute at Columbia University. Archived from the original on 21 September 2020. Retrieved 23 September 2020.
↑ "The index of expurgations". "Heresy and Error": The Ecclesiastical Censorship of Books, 1400–1800. Bridwell Library. 17 December 2000. Archived from the original on 8 September 2012. Retrieved 26 June 2011.
↑ Rayner, Gordon (7 October 2011). "Leveson Inquiry: British press freedom is a model for the world, editor tells inquiry". The Telegraph. Telegraph Media Group Limited. Archived from the original on 7 October 2011. Retrieved 9 May 2018. Mr Rusbridger said: "When people talk about licensing journalists or newspapers the instinct should be to refer them to history. Read about how licensing of the press in Britain was abolished in 1695.
↑ Nelson, Fraser (24 November 2012). "David Blunkert warns MPs against regulating the Press". The Spectator. Archived from the original on 19 October 2017. Retrieved 9 May 2018. Jeremy Paxman famously said he went into journalism after hearing that the relationship between a journalist and a politician was akin to that of a dog and a lamppost. Several MPs now want to replace this with a principle whereby MPs define the parameters under which the press operates – and "work together". It is a hideous idea that must be resisted. The last time this happened was under the Licensing Order of 1643, which was allowed to expire in 1695 after the introduction of the 1688 Bill of Rights shortly after the Glorious Revolution. As I wrote in my Daily Telegraph column yesterday, it's amazing that so many Tory MPs should want to turn the clock back 300 years.
↑ Freedom of Speech in Russia: Politics and Media from Gorbachev to Putin. Taylor & Francis, 25. 2016. p.142.
↑ Sandbrook, Dominic (16 October 2010). "Lady Chatterley trial - 50 years on. The filthy book that set us free and fettered us forever". The Telegraph. Archived from the original on 11 January 2022. Retrieved 9 May 2018. Though few then could have realised it, a tiny but unmistakeable line runs from the novel Lawrence wrote in the late 1920s to an international pornography industry today worth more than £26 billion a year. Now that public obscenity has become commonplace, it is hard to recapture the atmosphere of a society that saw fit to ban books such as Lady Chatterley's Lover because it was likely to "deprave and corrupt" its readers. Although only half a century separates us from Harold Macmillan's Britain, the world of 1960 can easily seem like ancient history. In a Britain when men still wore heavy grey suits, working women were still relatively rare and the Empire was still, just, a going concern, D H Lawrence's book was merely one of many banned because of its threat to public morality.
↑ Kaplan, Fred (20 July 2009). "The Day Obscenity Became Art". The New York Times. Archived from the original on 13 June 2018. Retrieved 9 May 2018. TODAY is the 50th anniversary of the court ruling that overturned America's obscenity laws, setting off an explosion of free speech — and also, in retrospect, splashing cold water on the idea, much discussed during Sonia Sotomayor's Supreme Court confirmation hearings, that judges are "umpires" rather than agents of social change.
↑ "Photographers' Rights". aclu.org. American Civil Liberties Union. Archived from the original on 9 May 2018. Retrieved 9 May 2018. Taking photographs and video of things that are plainly visible in public spaces is a constitutional right—and that includes transportation facilities, the outside of federal buildings, and police and other government officials carrying out their duties. Unfortunately, law enforcement officers have been known to ask people to stop taking photographs of public places. Those who fail to comply have sometimes been harassed, detained, and arrested. Other people have ended up in FBI databases for taking innocuous photographs of public places.
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